Govt to answer merits of citizenship case

Navin Moorthy, 16, born in Malaysia to a Malaysian father and a Filipina mother is denied citizenship on the grounds that he is illegitimate.

KUALA LUMPUR: The KL High Court today rejected the government’s application to strike out Navin Moorthy’s citizenship claim and have been ordered to answer the merits of the case with regards his Malaysian citizenship application.

The government have been ordered to file an affidavit by Judge Hue Swee Keng within 14 days and the court has fixed the case management on July 23.

The defendants are the National Registration Department (NRD), the Home Ministry and the government, represented by Federal Council representative Maisarah Juhari.

After hearing submissions from both parties, Judge Hue dismissed the government’s application with costs and ordered them to pay RM3,000.

The defendants’ submission argument was focused on Navin being born out of wedlock to a Filipina mother and a Malaysian father.

Annou Xavier, the lawyer representing Navin said: “That was their main focus, that Navin was born out of wedlock. They pressed on that issue.”

“We have now passed this hurdle because the court has dismissed the government’s application to strike out Navin’s citizenship claim,” said Xavier.

When he was born on July 8, 1998, Navin was issued a birth certificate which clearly stated his status as a Malaysian citizen. He was also issued a Malaysian passport by the Immigration Department.

Navin and his father, however, discovered that his citizenship status had been revoked when the boy applied for his MyKad at the age of 12. The NRD had listed him as ‘Bukan Warganegara’ (non-citizen).

The past four years have been an uphill battle for Navin and his father in their attempts to claim his citizenship.

His businessman father, Moorthy Ramaiah Pillay, 41, had applied twice to the NRD for his son’s citizenship, but both applications were rejected by the Home Ministry.

Navin is seeking a declaration that he is a Malaysian citizen under Articles 14 and/or 15A of the Federal Constitution, and that he be issued a birth certificate and MyKad stating that he is a citizen.